MANJUNATHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants were arrayed as accused 2 and 3 and they were tried along with accused No.1 (since deceased) for offences punishable under Sections 398 and 201 IPC. The learned Sessions Judge convicted accused 1 to 3 for offence punishable under Section 399 IPC and acquitted them of offence punishable under Section 201 IPC. Therefore, accused No.1 had filed Crl.A.No.244/2009 and accused 2 and 3 have filed the instant appeal (Crl.A.No.260/2009). During the pendency of Crl.A No.244/2009, accused No.1 died and this Court has recorded abatement of appeal on 26.2.2014.

(2.) I have heard Sri Balakrishnan, learned counsel for accused 2 and 3 and learned Government Advocate for State.

(3.) IT is the case of prosecution that during midnight of 8/9.2.2008, accused No.1 (deceased) and accused 2 and 3 were changing number plate of a Tata Sumo car. Accused 1 to 3 were in possession of dangerous weapons like knives, blade and rope. The accused had attempted to commit dacoity by changing number plate of Tata Sumo car. The police on credible information reached the place, apprehended accused 1 to 3 and seized Tata Sumo car and weapons that were in possession of accused.